NR 51.006(6)(a)(a) For easements acquired with a stewardship grant, the sponsor may not convert or approve conversion of land encumbered by the easement to uses inconsistent with the easement or the grant contract.
NR 51.006(6)(b)
(b) When a stewardship grant is awarded for acquisition of an easement, the sponsor shall prepare a baseline document, approved by the landowner and available to the department for inspection, before grant payments are made.
NR 51.006(6)(c)
(c) The sponsor shall monitor any easement acquired with a stewardship grant at least once a year to ensure that the provisions of the easement are being satisfied. The sponsor shall compare the condition of the property with the baseline document, and shall enforce all easement provisions. The sponsor shall submit a report documenting annual monitoring and any enforcement measures taken to the department as requested.
NR 51.006(6)(d)
(d) The sponsor shall ensure that the holder of any mortgage or land contract on easement property shall subordinate its rights to the terms of the easement before grant payments are made.
NR 51.006(6)(e)
(e) The sponsor shall use the department's standard easement template for the appropriate stewardship grant program when developing its easement document.
NR 51.006 Note
Note: Copies of the department's easement standards and guidelines are available from the DNR, Bureau of Community Financial Assistance, Box 7921, Madison, WI 53707.
NR 51.006(6)(f)
(f) The department shall have access to property on which an easement is acquired with a grant under this chapter, in a reasonable manner upon prior notice to the sponsor and the landowner, to monitor compliance with the conditions of the grant contract. The conditions of that access shall be contained in the easement agreed to by the landowner. The department may grant a variance to this access requirement in extraordinary situations according to the procedure in
s. NR 51.003.
NR 51.006(7)
(7) Public notice. The department shall follow procedures identified in
s. NR 52.04, when notifying the public of land acquisition projects seeking funding under this chapter.
NR 51.006(8)
(8) Title. Title to property acquired with a stewardship grant shall vest in the sponsor, except when acquired by the Kickapoo reserve management board where title shall vest in the state.
NR 51.006 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.007
NR 51.007
Property uses inconsistent with the stewardship program. NR 51.007(1)
(1) The sponsor may not convert property purchased or developed with a grant under this chapter to uses that are inconsistent with the stewardship program or the grant contract, without the prior written approval of the department.
NR 51.007(2)
(2) If a sponsor converts property to an inconsistent use not approved by the department, the sponsor shall return the property to the use specified in the grant contract or the sponsor shall replace the property with a different property, approved by the department. The department's approval of replacement property shall include consideration of at least equal value, acreage, and benefit consistent with the stewardship grant program for which funding was originally approved.
NR 51.007(3)
(3) If a sponsor converts a facility to an inconsistent use not approved by the department, the sponsor shall return the facility to the use specified in the grant contract, or replace the facility with one of equal value used for the same purpose within a timeline approved by the department.
NR 51.007(4)
(4) A sponsor that fails to abide by the terms of the grant contract which results in inconsistent use of the property or facility or impairment of the conservation values may not be eligible to apply for future grants under this chapter until the sponsor corrects the impairment and the department determines that the sponsor is once again operating in accordance with the terms of the grant contract.
NR 51.007 History
History: CR 10-127: cr.
Register February 2012 No. 674, eff. 3-1-12.
NR 51.01
NR 51.01
Purpose. The purpose of this subchapter is to establish procedures and standards for the administration of grants to nonprofit conservation organizations for conservation purposes as set forth in s.
23.096, Stats.
NR 51.01 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; r. and recr.
Register, February, 1996, No. 482, eff. 3-1-96.
NR 51.02
NR 51.02
Applicability. This subchapter is applicable to nonprofit conservation organizations that wish to apply for grants as specified in s.
23.096, Stats., for the following specific purposes identified in s.
23.09 (2) (d) 1. to
7.,
9.,
11.,
12. and
15., Stats.; s.
23.0917 (4m), Stats., Baraboo hills; s.
23.092, Stats., habitat areas; s.
23.094, Stats., stream bank protection; s.
23.17, Stats., Ice Age Trail; s.
23.175, Stats., state trails; s.
23.27, Stats., natural areas; s.
23.29, Stats., natural area heritage program; s.
23.293, Stats., Ice Age Trail dedications; s.
23.09 (19), Stats., urban green space; s.
23.09 (20), Stats., aids for the acquisition and development of local parks; s.
23.09 (20m), Stats., acquisition of development rights; s.
30.24, Stats., bluff protection and s.
30.277, Stats., urban rivers.
NR 51.02 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; am.
Register, June, 1994, No. 462, eff. 7-1-94; r. and recr.
Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. eff. 9-1-00;
CR 00-135: am.
Register July 2001, No. 547 eff. 8-1-01.
NR 51.03(1)
(1) The sponsor shall notify the department of any change in the status or purpose of the nonprofit conservation organization as it relates to the acquisition and management of lands for conservation purposes.
NR 51.03(2)
(2) If the nonprofit conservation organization dissolves, all title, right and interest held by the sponsor in and to the property purchased under this chapter shall vest in the state, without the necessity of reentry, unless a transfer under
s. NR 51.005 (10) is approved by the department.
NR 51.03(3)
(3) Within the land acquisition grant program under s.
23.0917 (3), Stats., and subchs.
I through
VIII, the department may not award grants to governmental units, but it may consider projects involving both nonprofit conservation organizations and eligible governmental units as partners when those projects further the objectives of this chapter. Pursuant to s.
23.096 (4), Stats., the department may approve a transfer of title from the nonprofit conservation organization to an eligible governmental unit, an agency of the state of Wisconsin, or the U.S. government for the purpose of long-term management as required under
s. NR 51.005 (10).
NR 51.03(4)
(4) The department may award grants of up to 75 percent of the acquisition cost of the property pursuant to s.
23.096 (2m), Stats.
NR 51.03(5)
(5) A sponsor acquiring property with a stewardship grant that is within the acquisition boundaries of a department project shall provide to the department plans for public use and land management that are consistent with department management plans for use of the property.
NR 51.03 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; am. (3) (intro.) and (10),
Register, June, 1994, No. 462, eff. 7-1-94; r. and recr.
Register, February, 1996, No. 482, eff. 3-1-96; correction in (6) made under s. 13.93 (2m) (b) 7., Stats.,
Register, September, 1996, No. 489; correction in (6) made under s. 13.93 (2m) (b) 7., Stats.,
Register, December, 1997, No. 504; emerg. am. (1) (intro.), (c) and (d), (3), (7), (9), (11) and (12), cr. (1) (f), (15) to (20), eff. 9-1-00;
CR 00-135: am. (1) (intro.), (c) and (d), (3), (7), (9), (11) and (12), cr. (1) (f), (15) to (20),
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: r. (1) to (12), (16) to (20), renum. (13) to be (1), renum. (14) and (15) to be (2) and (3) and am., cr. (4) and (5)
Register February 2012 No. 674, eff. 3-1-12; correction in (3) made under s. 13.92 (4) (b) 7., Stats.,
Register February 2012 No. 674.
NR 51.04
NR 51.04
Application procedures and organization eligibility for grant assistance. NR 51.04(1)(a)(a) Nonprofit conservation organizations that apply to the department for urban greenspace grants under s.
23.09 (19), Stats., subch.
XIII, aids for the acquisition and development of local parks under s.
23.09 (20), Stats., and subch.
XII, acquisition of development rights grants under s.
23.09 (20m), Stats., and subch.
XV, and urban rivers grants under s.
30.277, Stats., and subch.
XIV, shall follow application procedures listed under
s. NR 51.906.
NR 51.04(1)(b)
(b) Except as provided in
par. (a) nonprofit conservation organizations shall use all of the following procedures when submitting applications to the department:
NR 51.04(1)(b)1.
1. Applications for funding under this chapter shall be submitted to the appropriate region office on forms provided by the department. The department may request more detailed information and may withhold evaluation of the application until the additional information requested has been received.
NR 51.04 Note
Note: Copies of application forms and instructions are available from the DNR, Bureau of Community Assistance, Box 7921, Madison, WI 53707.
NR 51.04(1)(b)2.
2. Sponsors shall submit applications on the prescribed department form. The department may approve applications when submitted, year-round, to the extent that funds are available, or if substantially oversubscribed for available funding, the department may establish application deadlines for
subchapters of the stewardship program in order to evaluate and prioritize competing applications.
NR 51.04(1)(b)3.
3. The department shall provide written notification to sponsors of the department decision regarding their applications after all application materials have been received and acted upon by the department.
NR 51.04(1)(b)4.
4. The department may provide a conditional decision to approve a project or award a grant, but withhold a final decision or grant payment until identified contingencies are satisfied.
NR 51.04(2)(a)(a) An organization shall be eligible for the stewardship program once it has provided evidence satisfactory to the department that it is a nonprofit conservation organization under
s. NR 51.002 (21). Evidence shall include all of the following:
NR 51.04(2)(a)1.
1. Most recent IRS Filing (Form 990). Organizations not required to file Form 990 shall provide most recent year-end financial statements.
NR 51.04(2)(a)2.
2. A copy of the most recent audit. Organization shall comply with annual Single Audit requirements as specified in OMB Circular A-133.
NR 51.04(2)(a)3.
3. Most recent annual financial statements consisting of income statement and balance sheet.
NR 51.04(2)(a)4.
4. A copy of the nonprofit conservation organization's by-laws.
NR 51.04(2)(a)5.
5. A copy of the nonprofit conservation organization's articles of incorporation.
NR 51.04(2)(a)6.
6. A copy of the IRS letter of tax-exempt status determination.
NR 51.04(2)(a)8.
8. Other materials in support of the nonprofit conservation organization's eligibility including brochures about the organization, newsletters, annual reports, copy of land acquisition policies, criteria for evaluation of land, or other materials.
NR 51.04(2)(am)
(am) By April 30 of each year, the department shall establish and publish on its stewardship grant web site a cumulative federal and state funds threshold amount for which organizations will be required to annually submit items in pars.
(2) (a) 1.,
(2) (a) 2., and
(2) (a) 3. NR 51.04(2)(b)
(b) Organizations shall have their boards of directors adopt a resolution indicating the organization's commitment to continual progress toward implementation of
Land Trust Standards and Practices. Organizations shall submit the adopted resolution to the department.
NR 51.04 Note
Note: To obtain a copy of a sample resolution and learn more about the
Land Trust Standards and Practices, please go to:
http://www.landtrustalliance.org.
NR 51.04(2)(c)
(c) An organization shall request grant eligibility on a form provided by the department.
NR 51.04(2)(d)
(d) The department may award a grant under this chapter to a sponsor after the sponsor has provided evidence satisfactory to the department that it has the financial capacity and the ability to acquire property and provide for its long-term management and maintenance.
NR 51.04(2)(e)
(e) The department may periodically review an organization's eligibility.
NR 51.04 History
History: Cr.
Register, October, 1990, No. 418, eff. 11-1-90; am. (2), (6) (a) 2., 4. b., (b) 2. and (c) 1., cr. (6) (a) 4. c., r. (6) (a) 7., 10., 11., (b) 8. and (c) 10., renum. (6) (a) 8., 9., 12., (b) 9., 10., (c) 11. to 13. to be (6) (a) 7., 8., 9., (b) 8., 9., (c) 10. to 12. and am. (6) (a) 7.,
Register, June, 1994, No. 462, eff. 7-1-94; r. and recr.
Register, February, 1996, No. 482, eff. 3-1-96; emerg. am. (1) (a), r. (3), renum. (4) to be (1) (d), eff. 9-1-00;
CR 00-135: am. (1) (a), r. (3), renum. (4) to be (1) (d),
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (title), (2) (a), renum. (1) (a) to (d), (2) (b) to be (1) (b) 1. to 4., (2) (d) and am., cr. (1) (a), (b) (intro.), (2) (am), (b), (c), (e)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.05
NR 51.05
Eligible and ineligible acquisition projects. NR 51.05(1)(1)
Eligible projects. The department may award grants under this chapter to nonprofit conservation organizations for acquisition of all or some of the rights of property for the following:
NR 51.05(1)(a)
(a) For natural areas under subch.
III; the Ice Age Trail and state trails under subch.
VIII; stream bank protection under subch.
VII; habitat areas and fisheries under subch.
V; bluff protection under subch.
IV; wild lakes under subch.
VI; the Baraboo hills under subch.
X; aid for local parks under subch.
XII; urban green space under subch.
XIII; urban rivers under subch.
XIV and acquisition of development rights under subch.
XV.
NR 51.05(1)(b)
(b) For the Lower Wisconsin state riverway, and wild rivers designated under s.
30.26, Stats., including lands within or adjacent to their acquisition boundaries.
NR 51.05(1)(d)
(d) For state forests or state parks including lands within or adjacent to a state forest or state park or its acquisition boundaries.
NR 51.05(1)(e)
(e) For public shooting, trapping or fishing grounds, state wildlife areas, state recreation areas, lands within or adjacent to their acquisition boundaries, or for projects that have similar purposes.
NR 51.05(1)(h)
(h) For acquisition of development rights to create agricultural, forestry or other buffers on lands adjacent to properties acquired for the purposes listed in this subsection.
NR 51.05(2)
(2) Ineligible projects. The department may not award stewardship grants for ineligible acquisition projects including:
NR 51.05(2)(a)
(a) Any property that has restrictions or other covenants that prevent or limit the property from being managed for the conservation or public recreational purposes of the stewardship program or that would preempt the department's reversionary interests under s.
23.096 (5), Stats.
NR 51.05(2)(b)
(b) Any property that was acquired more than one year before a grant application is submitted for that property. Eligible properties not funded in the fiscal year in which an application is submitted due to insufficient funds may be considered for funding in subsequent fiscal years.
NR 51.05(2)(c)
(c) Any property that is used or may be used for licensed game farms, fur farms, deer farms, shooting preserves, forest nurseries or experimental stations.
NR 51.05(2)(d)
(d) Any property used for commercial or industrial purposes, except with prior written approval of the department for sponsor fundraising and other activities that protect or enhance the conservation values of the project.
NR 51.05 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01; correction in (1) (g) made under s. 13.93 (2m) (b) 7., Stats.,
Register April 2005 No. 592;
CR 10-127: am. (title), (1) (intro.), (2) (intro.), (b) to (d), cr. (1) (title), (2) (title)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.06
NR 51.06
Acquisition priorities. NR 51.06(1)
(1) The department shall base its evaluation of acquisition projects on information submitted in the application as well as site visits and technical review comments. Property shall be evaluated and grants awarded according to criteria and priorities specific for each stewardship grant program identified in
s. NR 51.05.
NR 51.06(3)
(3) Additional factors that may be considered by the department when awarding grants under s.
23.0917 (3), Stats., include:
NR 51.06(3)(a)
(a) Whether the project has regional, statewide or local significance.
NR 51.06(3)(b)
(b) The degree to which the site is threatened by development or other conversion of land use.
NR 51.06(4)
(4) A higher priority may be placed on existing projects or large projects, which may be pursued
in collaboration with others, where the multiple acquisition of adjacent parcels will provide greater benefit for natural resource conservation than single-parcel projects.
NR 51.06(5)
(5) A higher priority may be placed on projects that have been identified as important for natural resource protection in a comprehensive plan pursuant to s.
66.1001, Stats., the Wisconsin land legacy report, another plan that has as one of its purposes the protection of natural resources, or the natural heritage inventory database.
NR 51.06 History
History: Emerg. cr. eff. 9-1-00;
CR 00-135: cr.
Register July 2001, No. 547 eff. 8-1-01;
CR 10-127: am. (1), (4), (5)
Register February 2012 No. 674, eff. 3-1-12.
NR 51.07
NR 51.07
Grant contracts for acquisition projects. NR 51.07(1)(1) Stewardship grants shall be subject to the execution of a grant contract between the department and sponsor. The grant contract shall recognize the state's interest in the property acquired and ensure that sponsors shall provide adequate land management, signage in accordance with s.
23.09165, Stats., and maintenance, or in the case of easements shall monitor and enforce the conditions of the easement, in accordance with provisions contained in the grant contract and in a land management plan approved by the department. The grant contract shall be recorded in the office of the register of deeds in the appropriate county.
NR 51.07(1d)
(1d) The sponsor shall declare the state's interest in the Stewardship property on the warranty deed or other appropriate instrument of conveyance recorded in the appropriate county register of deeds office, using language provided by the department.
NR 51.07(2)
(2) All obligations, terms, conditions and restrictions imposed by the grant contract shall be deemed to be covenants and restrictions running with the property and shall be effective limitations on the use of the property from the date of recording of the grant contract and shall bind the sponsor and all successors and assigns in perpetuity.
NR 51.07(3)
(3) If the sponsor violates any condition of the grant contract identified as essential pursuant to s.
23.096 (5), Stats., and fails to correct it within 6 months after written notification from the department, it shall be a violation of the grant contract, and all title, right and interest held by the sponsor in and to the property shall vest in the state without the necessity of reentry or legal judgment. The following conditions of the grant contract are essential:
NR 51.07(3)(a)
(a) Conversion of the property to any use other than that specified in the grant contract without the prior written approval of the department is prohibited.
NR 51.07(3)(b)
(b) The sponsor may not convey any interest in the property to a third party nor allow any leases, permits or encumbrances without the prior written approval of the department. The department may take actions necessary to avoid the placement of liens, judgments or encumbrances against the property.
